Nair v. Medline Industries, Inc. ( 2022 )

1 DAVID G. SPIVAK (SBN 179684) david@spivaklaw.com 2 || CHRISTINA J. PREJEAN (SBN 314772) christina@spivaklaw.com 3 || THE SPIVAK LAW FIRM 4 8605 Santa Monica BI. PMB 42554 West Hollywood, CA 90069 5 || Telephone: (213) 725-9094 ‘ Facsimile: (213) 634-2485 7 Attorneys for Plaintiff, DEJA NAIR, and all others similarly situated 8 || (Additional attorney for Plaintiff on the following page.) 7 UNITED STATES DISTRICT COURT ‘0 EASTERN DISTRICT OF CALIFORNIA 11 D (UNLIMITED JURISDICTION) 13 || DEJA NAIR, on behalf of herself and all others Case No. 2:22-CV-00331-TLN-JDP similarly situated, and the general public, 14 JOINT STIPULATION AND ORDER □□ Plaintiff, CONTINUE THE DEADLINE FOR IS PLAINTIFF’S OPPOSITION TO 16 vs. DEFENDANT’S MOTION TO □□□□□□ ARBITRATION AND THE HEARING 17 || MEDLINE INDUSTRIES, INC., an Illinois ON MOTION TO COMPEL 18 corporation; MEDLINE INDUSTRIES ARBITRATION HOLDINGS, L.P., a Delaware limited 19 || partnership; MEDLINE INDUSTRIES, LP, an Illinois limited partnership; and DOES 1-50, 20 || inclusive, 71 Defendants. 22 > 23 24 25 LAW Rights Attorneys 2%6 Mail: 27 CA 90069 28 Office: 900 Joint Stipulation and Order to Continue Plaintiffs 2:22-CV-0033 1-TLN-JDP Oaks, CA $1403 Opposition to Defendants’ Motion to Compel Arbitration 1 ADDITIONAL ATTORNEY FOR PLAINTIFF 2 || WALTER L. HAINES (SBN 71075) walter@uelglaw.com 3 || UNITED EMPLOYEES LAW GROUP 4 4276 Katella Ave., Suite 301 Los Alamitos, CA 90720 5 || Telephone: (562) 256-1047 ‘ Facsimile: (562) 256-1006 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 25 LAW Rights Attorneys 26 Mail: 27 CA 90069 28 Office: 900 Joint Stipulation and Order to Continue Plaintiffs 2:22-CV-0033 1-TLN-JDP Oaks, CA $1403 Opposition to Defendants’ Motion to Compel Arbitration 1 JOINT STIPULATION 2 Plaintiff Deja Nair (“Plaintiff”) and Defendants Medline Industries, LP (formerly 3 || known as “Medline Industries, Inc.”) and Medline Industries Holdings, L.P. (collectively, 4 || “Defendants” or “Medline” ) (collectively the “Parties”), by and through their respective 5 || counsel of record hereby stipulate and agree as follows: 6 1. WHEREAS, Defendants contend that they and Plaintiff are parties to an 7 || enforceable arbitration agreement. Plaintiff disputes that the arbitration agreement is enforceable. 8 2. WHEREAS, Plaintiff's operative First Amended Complaint contains class 9 || allegations and a representative cause of action for civil penalties under the California’s Private 10 || Attorneys General Act (““PAGA”). 11 3. WHEREAS, after the Supreme Court decided Viking River Cruises, Inc. v. 12 || Moriana, 142 S. Ct. 1906, 1910, 213 L. Ed. 2d 179, 185, 2022 U.S. LEXIS 2940, *1, 29 Fla. L. 13 || Weekly Fed. S 370, 2022 WL 2135491 on June 15, 2022, Defendants filed their Motion to 14 || Compel Arbitration on August 8, 2022. 15 4. WHEREAS, Defendants’ Motion is set to be heard on September 22, 2022. The 16 || Plaintiff's Opposition to Defendants’ Motion to Compel Arbitration is due on August 22, 2022 17 || and Defendants’ Reply to Plaintiff's Opposition is due on September 1, 2022. 18 5. WHEREAS, David G. Spivak, the lead attorney for Plaintiff, has been out of the 19 || office due to being ill. Also, he will be assisting his child in moving out of state to begin college 20 || the week of August 22, 2022. 21 6. WHEREAS, Christina J. Prejean, the associate attorney for Plaintiff preparing 22 || the Opposition to Defendants’ Motion to Compel Arbitration will be out of the country on a pre- _o 23 || planned vacation the week leading up to August 22, 2022, the date that Plaintiff's Opposition to 24 || Defendant’s Motion to Compel Arbitration is due. 25 7. WHEREAS, Plaintiff requests that, and Defendants stipulate to, Plaintiff having 96g additional time to prepare and finalize her Opposition to Defendants’ Motion to Compel 27 || Arbitration. It will serve the best interests of the Parties and the Court to continue the hearing on 28 || the Motion currently set for September 22, 2022 by approximately 30 days, to November 3, 2022, office: ~ Joint Stipulation and Order to Continue Plaintiff's == = = ``~—~—~—~—~—~S*«G 22 V-00331-TLN-JDP_ Oaks, CA $1403 Opposition to Defendants’ Motion to Compel Arbitration 1 || with the Plaintiff to submit her Opposition to Defendants’ Motion to Compel Arbitration by 2 || September 22, 2022, and with Defendants to submit their Reply to Plaintiff's Opposition (if any) 3 || by October 3, 2022. 4 8. WHEREFORE, it is agreed and stipulated by the Parties that: 5 1. The hearing on the Motion be continued from September 22, 2022, at 2:00 6 || p.m. to November 3, 2022, at 2:00 p.m. 7 2. The Plaintiff shall file her Opposition to Defendant’s Motion to Compel 8 || Arbitration by September 22, 2022; 9 3. The Defendants shall file their Reply to Plaintiff's Opposition (if any) by 10 |} October 3, 2022. 11 IT IS SO STIPULATED. 12 13 LITTLER MENDELSON, P.C. 14 15 Dated: August 11, 2022 /s/_ Steven A. Groode (authorized on 8/11/22) Steven A. Groode 16 Jannine E. Kranz Attorneys for Defendants V7 MEDLINE INDUSTRIES LP (formerly known as 18 “MEDLINE INDUSTRIES, INC.”) AND MEDLINE INDUSTRIES HOLDINGS, L.P. 19 0 THE SPIVAK LAW FIRM 21 /s/ David G. Spivak Dated: August 12, 2022 David G. Spivak 22 Christina J. Prejean 3 THE SPIVAK LAW FIRM Attorneys for Plaintiff 24 DEJA NAIR 25 UNITED EMPLOYEES LAW GROUP LAW Rights Attorneys 2%6 ZA \ Dated: August 12, 2022 ga 27 Walter L. Haines 725-5094 Tel 49 Attorneys for Plaintiff DEJA NAIR Office: 900 Joint Stipulation and Order to Continue Plaintiffs 2:22-CV-0033 1-TLN-JDP Oaks, CA $1403 Opposition to Defendants’ Motion to Compel Arbitration 1 ORDER 2 Pursuant to the Parties’ stipulation and good cause appearing, the Joint Stipulation to 3 || continue the Motion to Compel Arbitration hearing date is GRANTED: 4 1. The hearing on the Motion be continued from September 22, 2022, at 2:00 p.m. 5 || to November 3, 2022, at 2:00 p.m.; 6 2. The Plaintiff shall file her Opposition to Defendant’s Motion to Compel 7 || Arbitration on or before September 22, 2022; 8 3. The Defendants shall file their Reply to Plaintiffs Opposition (if any) on or before 9 || October 3, 2022. 10 i> /) ITI RDERED. \ | /] S00 “ ) Amwr>AM 12 || Dated: August 12, 2022 — ZW x Troy L. Nunley> } 3 United States District Judge 14 15 16 17 18 19 20 21 22 23 25 LAW Rights Attorneys 26 Mail: 27 CA 90069 28 Office: 900 Joint Stipulation and Order to Continue Plaintiffs 2:22-CV-0033 1-TLN-JDP Oaks, CA $1403 Opposition to Defendants’ Motion to Compel Arbitration